Bijay Kumar @ Bijay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1288 of 2024 Arising Out of PS. Case No.-55 Year-2023 Thana- JAIPUR District- Banka ====================================================== Bijay Kumar @ Bijay Yadav S/O- Prasadi Prasad Yadav @ Prasadi Yadav Resident of Village- Patilikha, P.S.- Jaipur( Katoriya), District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Jaipur P.S. Case no. 55 of 2023 registered under sections 302 and 34 of the Indian Penal Code.
3. As per the prosecution case, the informant states that his sister who was married to the petitioner herein in the year 2014 was regularly being tortured and assaulted by the petitioner and regular complaints were made by his sister. It is stated that he received information about his sister being assaulted and on reaching her sasural, he found her dead. There was black marks on her neck.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1288 of 2024(3) dt.21-03-2024 2/2 petitioner has been falsely implicated in the case only for the reason of his being the husband of the deceased. The allegations are general and omnibus in nature and there is no eyewitness to the occurrence. It is for trivial dispute that the sister of the informant committed suicide. The petitioner is in custody since 26.7.2023, has no criminal antecedent and charge-sheet has been submitted in the case.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the material that has transpired in course of investigation and the petitioner being the husband of the deceased, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Harsh/- U T